General Terms of Mapiosa Platform
General Terms of Mapiosa Platform
Version 2024-10-28
1. Scope
Mapiosa is an interactive map service platform provided as a cloud service and mobile application (“Platform”) developed and provided by Fennoscandic Simulation Systems Oy (“Platform Provider”), a Finnish company with business ID 3136431-7 and official address at Kympinkatu 3 C, FI-40320 Jyväskylä, Finland.
The Platform enables the creation, distribution, use, and sale and purchase of interactive maps that the Platform’s users can use through their mobile device.
These General Terms of Mapiosa Platform (“Terms”) govern the access to and the use of the Platform by each registered user (“User”). The User may be a consumer, a legal entity, or an employee or representative of such legal entity.
The User must accept these Terms before accessing or using the Platform. If the User is under the age of 15 years, they must be accompanied by their guardian, or an adult appointed by their guardian, in order to access and use the Platform.
Certain special clauses in these Terms are applicable only to such User who is in the position of a consumer under applicable consumer protection laws.
The Platform Provider may from time to time update these Terms at its sole discretion. The updated version of the Terms will be published on the Platform. The User must accept the updated Terms as a precondition to continue to access and use the Platform.
2. Provision of Platform
The Platform Provider shall provide the User with access to use the Platform subject to the due payment of applicable subscription fees unless otherwise agreed. The User shall have a right to use the Platform for their internal personal or business purposes only. The User may have one or more user accounts, but each user account is personal and non-transferable. However, some of the maps created through the Platform may be accessed and used as an anonymous guest user without registering a user account.
The Platform is not designed to be accessible or accommodating for all users of the Platform, but the User’s mobility or sensory limitations may hinder or restrict the use of the Platform or maps created through the Platform.
If the Platform Provider needs to interrupt or restrict the provision of the Platform temporarily, for example due to maintenance measures, the Platform Provider endeavors to notify the User in advance through its website or the Platform. The Platform Provider intends to make the Platform available on a 24/7 basis but shall not give any service level guarantee or warranty. Consequently, the Platform is provided strictly on an ‘as-is’ and ‘as-available’ basis.
The Platform Provider develops the Platform and from time to time may modify and release new versions of the Platform at its sole discretion.
3. Duties of User
The User is responsible for managing their own user account, including keeping their personal information accurate and up to date. The User must use their real identity, name, and contact information on their user account and keep such information up-to-date.
The User is responsible for acquiring and maintaining at the User’s own expense hardware, software and telecommunications that are required to access and use the Platform.
The User shall not use the Platform for any illegal, unauthorized, offensive, or harmful purpose but shall comply with all applicable laws, rules, regulations, and user instructions of the Platform.
If the User creates maps through the Platform, all routes and tasks must be designed so that they are lawful, do not violate third-party rights, and are not contrary to generally accepted good practices. If the User uses the maps created through the Platform, the User is always responsible for their own actions and their own safety. The User must comply with laws even if the routes, tasks, or other instructions on the maps are erroneous for some reason. The User is solely responsible for their illegal actions, misuse, damages, or injuries under any circumstance. The Platform Provider assumes no responsibility or liability for the maps or other content created on the Platform by other users.
4. Subscriptions, purchases, and consumer’s cancellation right
If the User wishes to create maps through the Platform, the User’s use of the Platform requires the payment of a subscription fee (“Platform Fee”) unless otherwise agreed.
If the User wishes to use a certain map created through the Platform, the User must obtain an activation code or an activation link enabling access to the map. For some maps activation codes are sold in the Platform’s web shop.
A special clause regarding consumers: The User shall have a right to cancel a subscription or purchase made in the Platform’s web shop within 14 days of receiving the activation code. However, this cancellation right shall be forfeited if the User uses the activation code to log in the Platform or to activate any purchased map.
5. Fees, prices, and payment terms
The subscription fees, purchase prices, revenue sharing and payment terms, and any additional special terms and conditions are specified in connection with the subscription or purchase. Unless otherwise informed, all subscriptions and purchases are non-refundable and for a fixed time only.
With regard to revenue sharing terms applicable to the User that creates maps through the Platform, if the Platform’s user has complained about a map created by the User and the Platform Provider at its sole discretion has found the complaint justified, the Platform Provider shall have a right to refund the purchase price paid by the Platform’s user and deduct an equal amount from revenue sharing payments due to the User. The Platform Provider shall notify the User of the complaint and the deduction in writing.
Unless otherwise agreed, all payments of subscription fees and purchase prices will be made through a third-party payment service provider.
6. Intellectual property rights
All copyrights, trademarks and other intellectual property rights relating to the Platform, including its modifications and new versions, will remain the exclusive property of the Platform Provider or its licensors. The User shall have only a limited right to access and use the Platform in accordance with these Terms.
The Platform Provider shall have a right to use content and information, including feedback, provided by the User only for the purposes of providing the Platform, and for developing and improving the Platform.
7. Privacy
The Platform Provider shall maintain the confidentiality of the User’s personal data, and process such personal data, in accordance with a privacy policy available on the Platform Provider’s website.
8. Limited liability
To the maximum extent permitted by the applicable law, neither the Platform Provider nor any supplier or licensor of the Platform Provider shall be liable for any indirect, special, consequential, punitive or incidental damage, or loss of revenue, profit or data, in relation to the Platform or these Terms. Regarding direct damage, the maximum liability of the Platform Provider shall be limited to the total Platform Fees paid by the User for the user account concerned to the Platform Provider for a six-month period preceding the damaging event or EUR 100, whichever is higher. All claims toward the Platform Provider must be made within three months from the damaging event in order to be admissible. Furthermore, the Platform Provider has no liability for damage caused due to an event of Force Majeure. The User expressly acknowledges and accepts that these limitations of liability constitute an essential part of these Terms.
9. Termination of user account
The User shall be entitled to terminate their user account at any time by providing a written notice to the Platform Provider.
The Platform Provider shall be entitled to terminate the User’s user account with a seven-day written notice to the User. In addition, the Platform Provider shall be entitled to temporarily suspend the User’s access to the Platform if the Platform Provider has a justifiable reason to believe that User has violated these Terms, in which case the Platform Provider will notify the User of the suspension in writing.
With the termination of the User’s user account the contractual relationship between the Platform Provider and the User under these Terms in relation to the user account concerned ends. If the Platform Provider has terminated the User’s user account without a reason attributable to the User, on the User’s written request the Platform Provider shall refund the Platform Fee paid by the User less the proportion of the Platform Fee corresponding to the actual time of use.
10. Governing law and disputes
These Terms shall be governed by the substantive laws of Finland, excluding conflict of law principles in any jurisdiction.
Any and all disputes, controversies or claims, which the parties fail to settle amicably, arising out of or relating to these Terms, or the breach, termination or validity thereof, shall be submitted to the District Court in Jyväskylä (Keski-Suomen käräjäoikeus) as the court of first instance.
A special clause regarding consumers: The User may contact Consumer Advisory Services and, if the dispute is not resolved in Consumer Advisory Services (www.kuluttajaneuvonta.fi), the User can submit a written request for resolution to the Consumer Disputes Board (www.kuluttajariita.fi). The European Commission provides an online dispute resolution platform specifically intended for consumers residing in another EU country (https://ec.europa.eu/consumers/odr/). Disputes can also be submitted to the district court of the User’s domicile as the court of first instance.
11. Data Processing Schedule for Mapiosa Content Creator Users
Users who create content on Mapiosa platform must comply with Data Processing Schedule for Mapiosa Content Creator Users.
12. Miscellaneous
The Platform Provider shall be entitled to transfer the Platform to a third party, including the contractual relationship between the Platform Provider and the User under these Terms. The Platform Provider shall publish a notification on the transfer in the Platform or on its website.
These Terms will be applicable as of the version date set forth at the beginning of these Terms.